Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)Curtis, George Ticknor
History
Life of James Buchanan, Fifteenth President of the United States. v. 1 (of 2)
Curtis, George Ticknor
Buchanan, James, 1791-1868
but is not that a noble feeling? Is it not a feeling which will ever
characterize freemen? Have they not a right to say to us, if the circuit
court system be good for you, it will be good for us? You have no right
to exclusive privileges. If you are sovereign States, so are we. By the
terms of our admission, we are perfectly your equals. We have long
submitted to the want of this system, from deference to your judgment;
but the day has now arrived when we demand it from you as our right. But
there are several other good reasons why the system ought to be extended
to these States. And, in the first place, the justices of the Supreme
Court are selected from the very highest order of the profession. There
is scarcely a lawyer in the United States who would not be proud of an
elevation to that bench. A man ambitious of honest fame ought not to
desire a more exalted theatre for the display of ability and usefulness.
Besides, the salary annexed to this office is sufficient to command the
best talents of the country. I ask you, sir, is it not a serious
grievance for those States to be deprived of the services of such a man
in their courts? I ask you whether it is equal justice, that whilst, in
eighteen States of the Union, no man can be deprived of his life, his
liberty, or his property, by the judgment of a circuit court, without
the concurrence of two judges, and one of them a justice of the Supreme
Court, in the remaining six the fate of the citizen is determined by the
decision of a single district judge? Who are, generally speaking, these
district judges? In asking this question, I mean to treat them with no
disrespect. They receive but small salaries, and their sphere of action
is confined to their own particular districts. There is nothing either
in the salary or in the station which would induce a distinguished
lawyer, unless under peculiar circumstances, to accept the appointment.
And yet the judgment of this individual, in six States of the Union, is
final and conclusive, in all cases of law, of equity, and of admiralty
and maritime jurisdiction, wherein the amount of the controversy does
not exceed two thousand dollars. Nay, the grievance is incomparably
greater. His opinion in all criminal cases, no matter how aggravated may
be their nature, is final and conclusive. A citizen of these States may
be deprived of his life, or of his character, which ought to be dearer
than life, by the sentence of a district judge; against which there is
no redress, and from which there can be no appeal.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account